The text
18-1-1 - Building Official.#
1.
There is hereby created the position of Building Official. The Building Official shall also be known as the Building Inspector.
2.
The Building Official shall have police powers relating to code enforcement and power to order all work stopped on construction, alteration or repairs of buildings when such work is being done in violation of any provision of any ordinance relating thereto, or in violation of the subdivision or zoning ordinance. Such order shall be in writing in the form of a "red tag," indicating the violation and the authority of the Building Official, posted in a conspicuous location on the work site. It is unlawful for any person to continue to work on any building so posted with a "red tag" or for any person to remove, without the consent of the Building Official or designee, any "red tag" from any work site. Work shall not be resumed after the issuance of such order except by permission of the Building Official.
3.
The Building Official shall have the power to enter into any building or the premises where the work of altering, repairing, or constructing any building or structure is going on, for the purpose of making inspections at any reasonable hour. The Building Official's entry powers shall include the right to enter upon all public and private properties to inspect all facilities that relate to the safety and welfare of the residents of Kaysville City.
(Ord. 21-07-03, 7/15/2021)
18-1-2 - Numbering of Structures.#
1.
The Building Official shall number all houses or buildings upon the streets of the City according to the house numbering system in use.
2.
It is unlawful for any person to erect a house or building without numbering such house or building with the number designated by the Building Official, or for the occupant of any house or building, or for the owner or agent of any unoccupied habitable house or building to fail for a longer period than ten (10) days after notice from the Building Official so to do, to number such house or building with the number designated. When such number has been designated by the Building Official, the owner or occupant of such house or building shall cause a painted, carved, or cast duplicate of such number at least four inches (4") in height and of a shade in contrast to the background upon which the number is mounted, to be placed in a conspicuous position upon the street side of such house or buildings, in a permanent, stationary and durable manner, unobstructed at all times by vines, screens, or anything that would tend to hide or obscure the number, and so that the number will be clearly perceptible from a distance of one hundred fifty feet (150').
3.
It is unlawful for any person to number any house or building in any manner other than that prescribed in this Section.
(Ord. 21-07-03, 7/15/2021)
18-1-3 - Requirements for Issuance of Building Permit.#
1.
Building permits shall only be issued for construction on property whereon electric power service is available.
2.
Building permits for residential construction shall only be issued for construction on property whereon a connection to a pressure irrigation system has been made.
18-1-4 - Performance Deposit.#
1.
A performance deposit is hereby established. Said deposit shall be cash for each permit as follows:
a.
One thousand five hundred dollars ($1,500.00) for each new structure.
b.
Five hundred dollars ($500.00) for each remodel or addition to a structure.
c.
Two hundred dollars ($200.00) for each demolition of a structure or manufactured home set in a manufactured home park.
2.
Performance deposits shall guarantee performance and pay costs incurred by the City if not otherwise paid, to include but not be limited to:
a.
Damages to curb and gutter, driveway approaches, sidewalk, pavement and other street improvements.
b.
Damages to utility systems.
c.
Utility charges.
d.
Storm water violations.
e.
Construction pollution or illicit discharges.
f.
Cleanup costs.
g.
Re-inspection fees.
3.
When all or any part of the performance deposit is used by the City, the deposit shall be replenished up to the required amount before work continues.
4.
The performance deposit shall be made as a condition precedent to the issuance of any permit. The performance deposit may be waived on certain permits at the discretion of the Building Official.
5.
The performance deposit is for use of the City and not intended to be used to provide funds for correction of any defects in construction in or pertaining to buildings or structures on the property for which the permit is used.
6.
It shall be the responsibility and duty of the person or entity making the performance deposit to apply to and receive from the Building Official a final inspection of the property within one hundred eighty (180) days after the last inspection or suspension of work.
7.
Upon satisfactory completion of final inspection, the performance deposit shall be released to the depositor.
8.
In the event any depositor fails within one hundred eighty (180) days after the last inspection or suspension of work on such property to request and receive a final inspection for the property for which the performance deposit was made and request that the deposit be released, such depositor shall thereby be deemed to have waived, relinquished and forfeited all right to claim the performance deposit. The City may thereafter transfer the available funds from the deposit to the general fund of the City or any other fund of the City.
(Ord. 21-10-07, 10/21/2021)
18-1-5 - Use and Occupancy.#
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a Certificate of Occupancy therefor. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of any code or any ordinances of the City. Certificates presuming to give authority to violate or cancel the provisions of any code or ordinances of the City shall not be valid.
18-1-6 - Enforcement.#
The City Building Official and all administrative officials of Kaysville City shall not issue any permit for the proposed erection, construction, reconstruction, alteration, or use until proof of full compliance with all the provisions of this Title has been provided.
18-1-7 - Variances.#
1.
Any person or entity desiring a waiver or modification of the requirements of this Title as applied to a parcel of property that he or she owns, leases, or in which he or she holds some other beneficial interest, may apply to the Planning Commission for a variance from the terms of this Title.
2.
a.
The Planning Commission may grant a variance only if:
i.
Literal enforcement of this Title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this Title;
ii.
There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
iii.
Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
iv.
The variance will not substantially affect the general plan and will not be contrary to the public interest; and
v.
The spirit of this Title is observed and substantial justice done.
b.
i.
In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection 2(a), the Planning Commission may not find an unreasonable hardship unless the alleged hardship is located on or associated with the property for which the variance is sought; and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
ii.
In determining whether or not enforcement of this Title would cause unreasonable hardship under Subsection (2)(a), the Planning Commission may not find an unreasonable hardship if the hardship is self-imposed or economic.
c.
In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the Planning Commission may find that special circumstances exist only if the special circumstances:
i.
Relate to the hardship complained of; and
ii.
Deprive the property of privileges granted to other properties in the same district.
3.
The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
4.
Variances run with the land.
5.
The Planning Commission and any other body may not grant a use variance.
6.
In granting a variance, the Planning Commission may impose additional requirements on the applicant that will:
a.
Mitigate any harmful effects of the variance; or
b.
Serve the purpose of the standard or requirement that is waived or modified.
18-1-8 - Penalties.#
Any person who violates any of the provisions of this Title shall be guilty of a Class C misdemeanor and, upon conviction of any such violation, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than ninety (90) days, or by both fine and imprisonment, or a fine not to exceed one thousand dollars ($1,000.00) for a corporation, association, partnership, or government instrumentality.
18-1-9 - Validity.#
If any provision of this Title or its application to any person or circumstances is for any reason held invalid, the remaining portion and/or portions of this Title or the application of the provision to other persons or circumstances shall not be affected.
18-1-10 - Appeals.#
1.
The applicant or any other person or entity adversely affected by a decision administering or interpreting the provisions of this Title may appeal that decision applying this Title by alleging that there is error in any order, requirements, decision, or determination made by an official in the administration or interpretation of this Title.
2.
Any officer, department, board, or bureau of the City affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of this Title may appeal any decision to the administrative law judge in accordance with KCC Title 2, Chapter 8.
3.
Any such appeal shall be in writing and submitted to the Office of the City Recorder within twenty (20) days of the date of the action appealed from.
4.
The person or entity making the appeal has the burden of proving that an error has been made.
5.
The administrative law judge may affirm, reverse, or modify the action appealed from as it seems just and equitable and exercise all rights of any other officer or commission.
6.
Only decisions applying this Title may be appealed to the administrative law judge. Appeals may not be used to waive or modify the terms or requirements of this Title.
7.
All appeals shall comply with the requirements of Section 10-20-1101 of Utah Code Annotated, as amended.
(Ord. 26-09-01, § V, 9/3/2026)